Combs v. Goldsworthy
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. — Hon. O. M. Spencer, Judge. (1) "While the statute of limitations applicable to personal actions may defeat a suit upon the notes secured by the deed of trust sought to he foreclosed, still the deed of trust itself can he foreclosed as long as no personal deficiency judgment over is asked for, provided no ten years’ adverse possession is shown against mortgagee as required by "real-estate limitation act.
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Appeal from DeKalb Circuit Court. — Hon. O. M. Spencer, Judge. (1) "While the statute of limitations applicable to personal actions may defeat a suit upon the notes secured by the deed of trust sought to he foreclosed, still the deed of trust itself can he foreclosed as long as no personal deficiency judgment over is asked for, provided no ten years’ adverse possession is shown against mortgagee as required by "real-estate limitation act. Lewis, Adm’r, v. ScJiwenn, 93 Mo. 26; Boolter, Adm’r, v. Armstrong, Adm’r, 93 Mo. 49; Orr v. Bode, 101 Mo. 387-, Benton Go. v. Czarlinshy, 101 Mo. 275;…
1Opinion of the CourtBrace, J.
This’is an action to foreclose a mortgage on certain tracts of land in DeKalb county, described-■as containing five hundred and thirty and one-half' *155acres, duly executed and acknowledged by the defendant, W. H. Taylor, bearing date July 15, 1870, and filed for record in said county on the twenty-fifth of July, 1870, to secure the payment of two promissory notes, also executed by the said Taylor, dated June 13, 1870, each for the sum of $1,000, both payable to the said John Duff; one, one year, and the other, two years after date, and both bearing interest from date at the rate of ten per…
2Cases cited4 opinions
- Gardner v. TerrySupreme Court of Missouri · 1889
- Lewis v. SchwennSupreme Court of Missouri · 1887
- Benton County v. CzarlinskySupreme Court of Missouri · 1890
- City of St. Louis v. PriestSupreme Court of Missouri · 1890
3Cited by4 opinions
- Long v. LongSupreme Court of Missouri · 1897
- Cowan v. MuellerSupreme Court of Missouri · 1903
- Eyermann v. PironSupreme Court of Missouri · 1899
- Wages v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905